공무집행방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the court below's punishment (two years of suspended execution in August, community service, and 80 hours of attending lectures for violent therapy) is too unreasonable;
2. The judgment of the defendant is divided into his mistake, and there was no result of injury to the damaged police officer.
The defendant has no record of criminal punishment for obstruction of performance of official duties.
However, the instant crime was committed by the Defendant without paying a taxi fee under the influence of alcohol and taking a bath to the police officer who was dispatched after receiving a report from the taxi engineer while taking a bath, and thereby obstructing the police officer's legitimate performance of official duties by walking the clothes of the police officer. In light of the details of the relevant crime, the degree of assault against the victimized police officer, etc.
The Defendant had a record of criminal punishment more than ten times for violent crimes, and was sentenced to a suspended sentence of imprisonment due to assault, etc. around 2017, and committed the instant crime at the time immediately before the suspended sentence is terminated.
In addition to these circumstances, considering the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and all the circumstances revealed in the instant records and the entire pleadings, the lower court’s punishment cannot be deemed as being too unreasonable.
Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.